The Supreme Court reinstated the bail of a YouTuber accused of delivering disparaging remarks against Tamil Nadu Chief Minister MK Stalin in 2021. Justices Abhay S Oka and Ujjal Bhuyan, remarking on the significance of free expression prior to elections, questioned the wisdom of incarcerating individuals for making allegations on YouTube. The court found no evidence of misuse of liberty by ‘Sattai’ Durai Murugan, thus overturning the decision to revoke his bail. Senior advocate Mukul Rohatgi, representing the state, urged the court to impose restrictions on Murugan’s speech while on bail. However, the bench challenged the notion of determining what constitutes scandalous speech.
The case revolves around Murugan’s appeal against a Madras High Court ruling that revoked his bail. The High Court noted Murugan’s alleged breach of an undertaking made before the court by making derogatory comments against the Tamil Nadu chief minister shortly thereafter. These remarks were purportedly made to disrupt public peace and tranquility, leading to a police complaint filed by a DMK member and subsequent arrest in October 2021.
Initially granted bail by the Madras High Court in November 2021, Murugan saw his bail revoked by a division bench thereafter. The Supreme Court, in 2022, provided interim bail to Murugan amidst the legal proceedings.
(With inputs from agencies)
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